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If you represent yourself in an administrative hearing you should be as respectful to the ALJ as you would be to a judge, even though the former wears a suit and the latter a robe. Moreover, whether you address your arguments to a judge or an ALJ, you have the same need to present a clear and persuasive case. Make sure you understand the basis of an agency’s action, or what evidence you need to produce to uphold your claim. Also, any witnesses you rely on should attend the hearing, and you should be ready to support your claim with documents and records.
In order to be eligible for lawsuit funding from Legalist, you must have an attorney representing your case. A case where a plaintiff represents themselves is considered pro se representation. We do not fund "pro se" cases. To be considered for legal funding, you will usually need a retainer agreement with the attorney that is on a contingency basis. However, at Legalist, we do offer a free Find an Attorney service, whereby you can find a lawyer for your case.
136. See Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2017), archived at http://perma.cc/Y4CY-MVG5. Note that the data is not available for download from the Perma link. For the most recent data, see Civil Cases Filed, Terminated, and Pending from SY 1988 to Present (Federal Judicial Center, 2018), available at http://www.fjc.gov/research/idb/civil-cases-filed-terminated-and-pending-
Pro Se One Stop Legal Document Services, LLC is a non-lawyer document preparation service dedicated to saving you time and money with your legal matters and helping you to avoid unnecessary attorney’s fees. We are not attorneys and we do not offer legal advice, but we do provide high quality legal document preparation services with a high attention to detail in various areas, predominantly family and civil matters. We are conscientious of our customer’s unique, individual needs and differing scenarios.
Filing of complaints, appearance, issuance of summonses, and procedures for collection, garnishments, citations, attachments, and the like, require the parties to pay fees and/or other "court cost". The Judge will generally order the party who loses to pay the "court costs". The defendant may have to pay plaintiff interest on the unpaid judgment at the statutory rate.
University of Illinois Law School's Professor Robert Lawless, a national expert in personal credit and bankruptcy, showed that, the rate of non-attorney filings in bankruptcy courts by debtors was 13.8% for chapter 13 cases, and 10.1% for chapter 7 cases. The rate was as high as 30% to 45% for major urban areas, such as California and New York city. US Bankruptcy Court of Arizona reported 23.14% cases filed pro se in October 2011, up from 20.61% a year before.
Administrative hearings rather than trials typically result when individuals contest decisions made by government agencies, or when government agencies refuse to act favorably on individuals’ requests. Thanks in part to movies and TV, a popular notion is that in the U.S., trials are the most common method of resolving civil disputes. In fact, across the country many more administrative hearings than trials occur.
Commentators writing about pro se litigation over the past twenty years have typically described pro se litigation as a large and growing portion of the federal docket.79 However, when the scope of the inquiry is limited to nonprisoner pro se litigation, this trend does not show up in the AO data. There has been a meaningful upward trend in the total number of pro se cases. But the percent of cases brought by pro se plaintiffs has not changed significantly, as seen in Table 2A, suggesting pro se litigation comprises a relatively stable portion of the federal docket.
I am a member iPod this website and a Pro Se litigant. I do not feel pitted against opposing counsel at all. I have four attorneys representing defendants in my suit. I can clearly see those ethically defending their clients to the best of their ability and I also see two of them reverting to sneaky tricks, underestimating me as a Pro Se litigant and not following the law. The articles on this site that you seem to think are misguiding people are very helpful in understanding the behavior of those, less ethical, of your colleagues than you may be! This is a resource for people with sixth amendment rights. If you would like to represent me, pro bono, in my multi million dollar defamation suit, please contact me!
When lawyers provide substandard representation, unhappy clients can seek relief from state disciplinary authorities and legal malpractice lawsuits. But a pro se litigant’s ability to fix mistakes made by online websites and non-lawyer advisers is much more limited. And the risk of getting inaccurate information may increase when pro se litigants communicate with online businesses in writing, rather than with lawyers in face-to-face meetings.
[p]ro se litigation is difficult for us to handle at least in part because it doesn’t fit into the neat box of our traditional system of litigation, the adversarial method of resolving disputes. That system assumes that the parties know the law, are adept at procedure and the rules of evidence, and can marshal significant facts, present their side of the case to the factfinder thoroughly and lance the arguments of the opponent. But pro se litigants are capable of little if any of that.
Courts are public institutions belonging to the people, and you have the right to represent yourself there. However, courts are also bureaucratic institutions with very heavy caseloads. Historically, filing clerks, courtroom clerks, court reporters, and even judges have usually preferred to deal with lawyers rather than with people who represent themselves. (When you represent yourself, you may find yourself referred to as a “pro per” or “pro se” litigant, Latin abbreviations favored by judges and lawyers.) Although the increasing number of people representing themselves is beginning to change these attitudes in some places, many court personnel believe (often mistakenly) that they can do their work more quickly and easily when they work with lawyers than when they work with people who are representing themselves.
Jim Traficant, a former U.S. Representative from Ohio, represented himself in a Racketeer Influenced and Corrupt Organizations Act case in 1983, and was acquitted of all charges. Traficant would represent himself again in 2002, this time unsuccessfully, and was sentenced to prison for 8 years for taking bribes, filing false tax returns, and racketeering.
Every agency tends to make its own rules and follow its own unique set of procedures. Many agencies describe their procedures on a website. In addition, an agency will furnish you with its rules as soon as you indicate that you want to file a claim. Be sure to contact the agency, ask for a copy of its rules before initiating a hearing, and follow them. The federal government and every state have an Administrative Procedure Act that provides basic protections in administrative hearings. You should read the applicable law and make sure the agency follows it. You can get information about these laws from a convenient database maintained by Florida State University at www.law.fsu.edu/library/admin.
The SDNY, which provides the funding for the clinic, recently approved the introduction of a mediation project, which in a short period of time has proved to be highly effective. Clinic staff members and volunteers are now permitted to represent pro se litigants in connection with settlements. Litigants get an impartial view of the strengths and weaknesses of their cases, resulting in earlier resolutions. Over half of the litigants who were represented by clinic staff members or volunteers settled their cases.
One of the biggest mistakes pro se litigants make is not doing research. Lawyers count on pro se litigants’ ignorance of the law to win cases. The less a pro se litigant knows, the shorter the litigation process will be. A lawyer can buy a $7000 debt for $700 and pay a $100 fee to sue. Thirty or so days later, he wins a default judgment or a one-hearing judgment. He then has the right to collect the full $7000, the $100 court fee, and case-related costs. He’ll have to collect the money himself, but lawyers wouldn’t buy debt if the practice never paid off. Facing a pro se litigant in court pays off for lawyers almost all the time. Whether you’re a plaintiff or a defendant, you don’t want to get knocked out early because of lack of knowledge. Learn the laws relevant to your case. The more you know, the longer you’ll stay and the less chance a lawyer will have a windfall at your expense.
No matter how many times you read this book and how carefully you prepare, you will probably feel anxious when you represent yourself in court, especially if your opponent has a lawyer. Perhaps it will help you if you know that you aren’t alone. Many professionals feel anxiety—particularly before a first performance—whether they are lawyers about to begin a trial, teachers about to teach a class, or actors about to perform on stage. So take a deep breath and gather up your courage. As long as you combine your common sense with the principles and techniques described in this book, and are not afraid to ask a court clerk, a law librarian, an attorney, or even the judge for help if you become confused, you should be able to represent yourself competently and effectively.
Many years ago, after winning a motion, an older judge asked me to stay behind after the parties left. He took me aside and said simply: "I want you to know that the case before yours today was to protect a little girl who's grandfather thinks it's fun to extinguish cigars on her legs." I knew what he wanted me to know, and I never forgot. Other people's cases are serious, too.
The Legal Services Corporation 2009 report, Documenting the Justice Gap in America, confirms an increase in the number of civil pro se litigants. Due to a lack of government funding, few low-income people can address their legal needs with the assistance of an attorney. As a result, state courts are flooded with unrepresented litigants. To close the gap between the number of people who don’t have access to legal help and those that are lucky enough to work with a legal aid office, the report calls for increased legal aid funding from federal and state governments and private funders and recommends that lawyers contribute additional pro bono services. These developments may be spurred by the U.S. Supreme Court decision in Turner v. Rogers (2012), which suggested that civil court proceedings have to be fundamentally fair, that courts should create forms to help pro se litigants participate fully in the justice system, and hinted that at least in some civil cases, the government may have to provide free legal assistance to parties who cannot afford to hire a lawyer.
Pitting pro se litigants against lawyers as if lawyers are enemies does far more disservice to your clients. I looked at your website, and I see that you toe a fine line between practicing without a license and simply giving pro se litigants enough rope to hang themselves. I understand that it’s a gimmick to make money for yourselves, but the nobler thing to do would be to direct these people to pro bono services instead of guiding them to shooting themselves in the foot by acting like the opposing party’s lawyer is out to get them and that what they don’t understand about the practice of law is somehow a trick or deception.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.
Laws and organizations charged with regulating judicial conduct may also affect pro se litigants. For example, The State of California Judicial Council has addressed through published materials the need of the Judiciary to act in the interests of fairness to self-represented litigants. The California rules express a preference for resolution of every case on the merits, even if resolution requires excusing inadvertence by a pro se litigant that would otherwise result in a dismissal. The Judicial Council justifies this position based on the idea that "Judges are charged with ascertaining the truth, not just playing referee ... A lawsuit is not a game, where the party with the cleverest lawyer prevails regardless of the merits." It suggests "the court should take whatever measures may be reasonable and necessary to insure a fair trial" and says "There is only one reported case in the U.S. finding a judge's specific accommodations have gone too far." The committee notes to the Federal Rules of Civil Procedure rule 56 on summary judgments notes that "Many courts take extra care with pro se litigants, advising them of the need to respond and the risk of losing by summary judgment if an adequate response is not filed. And the court may seek to reassure itself by some examination of the record before granting summary judgment against a pro se litigant."